Minister Alexandre de Moraes, of the Federal Supreme Court (STF), suspended the federal government’s Ordinance 62/2020, which had been in force since April of last year and prevented the tracking of weapons and ammunition circulating in Brazil.
The decision was rendered last Thursday night (16) and is expected to be analyzed by the plenary of the Court in the coming weeks and become final.
According to Moraes, the federal government has created “rules that have exacerbated the difficulties in controlling the circulation of military material, such as the issuance of presidential decrees that eased the requirements for the acquisition, possession and possession of firearms, in addition to reducing the list of products subject to control by the Armies, among many other measures”, which were considered unconstitutional by the minister.
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What was judged last Thursday were two appeals called Allegations of Non-Compliance with Fundamental Precept, with a request for precautionary measure, proposed by the Democratic Labor Party, PDT (ADPF 681), and by the Socialism and Freedom Party, PSOL (ADPF 683) , against Ordinance 62-COLOG (Logistics Command of the Brazilian Army), of 04/17/2020, which in turn revokes Ordinance 46-COLOG, of 03/18/2020; 60- COLOG, of 04/15/2020; and 61-COLOG, of 04/14/2020, responsible for instituting the National Army Controlled Product Tracking System (PCE) – SisNar.
Moraes points out, in his judgment, that the federal government cannot “refuse to adopt necessary criteria and procedures” for the control of arms and ammunition.
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According to the minister, the only reason that could lead the government not to be willing to control weapons would be the (illegal) benefit of certain economic sectors, to the detriment of public safety throughout the country. Read excerpt below:
The federal government’s refusal to implement measures for marking and tracing weapons and ammunition produces an incongruous and incompatible result with the principle of efficiency, in the context of public security policies.
The Brazilian State ceases to exercise the constitutional competence for the control and inspection of firearms and, in doing so, favors the increase of risks contrary to the exercise of other equally constitutional competences, in particular the guarantee of public safety.
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Also according to Moraes, “the unreasonable veto to the implementation of marking and tracking measures for PCEs (Army Controlled Products), to the detriment of the control and repression of the illegal trade in arms and ammunition” would be contrary to the “constitutional principles of impersonality, of morality and public interest”.
Minister accuses government of favoring organized crime
The minister’s order carries in its entirety a tone of criticism and reprimand to the Jair Bolsonaro government, reaching the point of saying that its actions favor organized crime (such as drug traffickers and militias formed by police and former security agents) and not are provided with suitability, as can be seen in the excerpt below:
The greater circulation of weapons and ammunition, if not accompanied by adequate regulation, will have inevitable effect on illicit movement in favor of organized crime.
The revocation of these acts lacked suitable motivation to justify the non-implementation of the control tools provided for therein, as well as it was not accompanied by any palliative or intermediate measure, even though a reasonable period of time has elapsed since its edition.
The decision is immediate and, until it is endorsed by the STF plenary or overturned by it, it is already in full force.
Edition: Anelize Moreira